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2011 Supreme(P&H) 1395

RAM CHAND GUPTA
Randhir Singh – Appellant
Versus
Karnail Singh – Respondent


Advocates:
For the Petitioner:Mr. Deipa Asdhir Dubey, Advocate.
For the Respondents:Mr. Saurabh Garg, Advocate.

JUDGMENT

Mr. Ram Chand Gupta, J.: - The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 25.2.2010, passed by learned Civil Judge, Senior Division, Kaithal, Annexure P4, vide which application under Order 1 Rule 10 of the Code of Civil Procedure (hereinafter to be referred as the ‘Code’) filed by respondent no.2- Saheb Singh for impleading him as a defendant in the present suit was allowed.

2. I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned trial Court.

3. Brief facts are that a suit for possession by way of specific performance of agreement to sell dated 4.2.2008 was filed by present petitioner-plaintiff against respondent no.1-defendant on the ground that he executed an agreement in his favour for a total consideration of Rs.13,00,000/- per acre and that Rs.5,00,000/- was received by him as earnest money and the sale deed was to be executed and registered on or before 16.5.2008. As petitioner-plaintiff was ready to perform his part of the contract, however, on refusal of respondent no.1-defendant to get the sale deed exe




























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